- 1 - NC: 2025:KHC-D:730 WP No. 107918 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107918 OF 2024 (GM-RES) BETWEEN: BHOJVEER S/O. OMPRAKASH BROTHER OF PRATHAPSINGH @ DALI @ DUBBA CTP – 3839, AGED ABOUT 32 YEARS, R/O: 174, GP ROAD, 2ND CROSS, LIC, OFFICE MEDAR KERI, SAGAR, SHIMOGA, KARNATAKA – 577 401. …PETITIONER (BY SRI SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD – 580 008. …RESPONDENTS (BY SRI SHARADA V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY, DIRECT THE RESPONDENT NO.2 TO RELEASE PETITIONER’S BROTHER PRATHAPSINGH @ DALI @ DUBBA CTP-3839 ON GENERAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:730 WP No. 107918 of 2024 PAROLE FOR A PERIOD OF 90 DAYS IN ACCORDANCE WITH LAW CITING THAT ILLNESS OF PETITIONERS WHICH IS EVIDENT FROM MEDICAL CERTIFICATE. THE PRESENCE OF CONVICT WHO IS BROTHER IS ESSENTIAL TO PROVIDE MEDICAL CARE FOR EFFECTIVE TREATMENT AND RECOVERY AS WELL AS TO BARE MEDICAL EXPENSES. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking release of his brother, who is a convict for the offence punishable under Section 302 of the IPC. 2. The brother of the petitioner gets embroiled in a crime, which leads to his conviction and is now in prison for the last 11 years and 2 months. The petitioner submits a representation for release of his brother on parole for the second time. The application comes to be rejected on a Police report which finds its place in the nominal roll of the custody certificate. 3. Learned counsel appearing for the petitioner submits that the brother of the petitioner on an earlier - 3 - NC: 2025:KHC-D:730 WP No. 107918 of 2024 occasion had been released on parole and has returned to the goal without any adverse report against him 4. Learned AGA would object to the release of the brother of the petitioner on parole on the ground that the Police report has gone against him. 5. Be that as it may. In the light of the brother of the petitioner being in prison for the last 11 years 2 months and that the release on parole on an earlier occasion being without any adverse report against him. I deem it appropriate to permit the brother of the petitioner to be released on parole beginning from 20th January 2025 for a period of 30 days with liberty to seek extension of parole which would be considered going to the conduct of the brother of the petitioner out, when he is outside the prison. 6. For the aforesaid reasons, the following: ORDER (1) The Writ Petition is allowed in part. - 4 - NC: 2025:KHC-D:730 WP No. 107918 of 2024 (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the detenue / Prathapsingh @ Dali @ Dabbu (CTP No.3839) on general parole from the forenoon of 20.01.2025 for a period of 30 days subject to the following conditions: (i) The convict (CTP No.3839) shall mark his attendance in the jurisdictional Police Station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional police to take him to goal, in the event, the convict (CTP No.3839) would evade going back to the goal, after the expiry of the period of general parole. (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the detenue to the goal and that he shall not commit any other offence during the period of parole. - 5 - NC: 2025:KHC-D:730 WP No. 107918 of 2024 (3) The petitioner is at liberty to seek extension of parole, which shall be considered looking at the conduct of the brother of the petitioner – convict while he is out on parole. (4) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE Vnp/CT-ASC List No.: 1 Sl No.: 37